Surjit Kaur And Others vs Inderpal Singh And Others
2025 Latest Caselaw 6226 P&H

Citation : 2025 Latest Caselaw 6226 P&H
Judgement Date : 15 December, 2025

[Cites 1, Cited by 0]

Punjab-Haryana High Court

Surjit Kaur And Others vs Inderpal Singh And Others on 15 December, 2025

RA-CR-110-2024 in
XOBJC-20-CII-2008 in
FAO-5418-2006                                                    -1-

             SURJIT KAUR AND OTHERS
             VS
             INDERPAL SINGH AND OTHERS

Present:     Mr. Vipin Mahajan, Sr. Advocate with
             Ms. Chandanpreet Kaur, Advocate
             for the claimant.

             Mr. Vinod Kumar Sharma, Advocate for
             Mr. Satpal Singh, Advocate
             for the appellants.

             Mr. Paul S. Saini, Advocate
             for respondent-Insurance Company.

                                 ***

1. The present application has been filed under Order XLVII Rule

1 read with Section 151 CPC seeking review of the judgment dated

09.08.2024 on the ground that the cross-objections filed by the applicants

were not adjudicated.

2. Learned counsel for respondents No.1 and 3/cross-objectors

submits that respondent No.3 has been erroneously fastened with liability to

pay compensation to the claimants. It is contended that while deciding Issue

No.5, the learned Tribunal failed to consider material evidence on record,

namely the verification report (Ex. R-1/1), copy of the driving licence (Ex.

R-1/2), as well as the testimony of Inderpal Singh (RW-1). It is argued that

Ex. R-1/2 is the driving licence of respondent No.1/cross-objector Inderpal

Singh, which clearly formed part of the record. However, despite the

existence of this documentary evidence, the learned Tribunal recorded a

finding that the driving licence of the driver was not available on the file and

that the driver failed to produce either the original or a copy of the same. It

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RA-CR-110-2024 in XOBJC-20-CII-2008 in

is, thus, submitted that the findings of the learned Tribunal are contrary to

the evidence on record.

3. On 07.05.2025, the following order was passed by this Court:-

"Learned counsel for respondents No.1 and 3/cross- objectors contends that respondent No.3 has wrongly been held liable to pay the compensation to the appellants/claimants because while deciding Issue No.5, learned Tribunal has totally ignored the evidence on record i.e. verification report (Exhibit R-1/1) and copy of driving license (Exhibit R-1/2) and the statement made by Inderpal Singh, who was examined as RW-1. He further contends that Exhibit R-1/2 is the driving license of Inderpal Singh, respondent No.1/Cross-Objector, which was very much on the record whereas, the learned Tribunal while deciding the claim petition has totally ignored the same and held that the driving licence of the driver was not on the file and Inderpal Singh was required to produce the original or copy of the driving licence. He, therefore, prays that the findings of the learned Tribunal are contradictory to the record.

In view of the above, learned counsel for the respondent-Insurance Company is directed to verify the aforesaid fact and make a statement in this regard.

Adjourned to 05.08.2025."

4. On the last date of hearing, i.e., 25.08.2025, this Court passed

the following order:

"Learned counsel for respondent No.2-Insurance Company seeks some more time to comply with order dated 07.05.2025. Learned counsel for respondent No.2- Insurance Company is granted one last opportunity to verify the contents of the cross-objections filed by

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respondents No.1 and 3. On her request, adjourned to 10.09.2025. It is made clear that if no response from respondent No.2-Insurance Company is received on the next date of hearing, the cross-objections shall be decided on merits as per the record."

5. Today again, learned counsel for the applicants submits that

despite repeated efforts, the Insurance Company has not furnished any

response.

6. Learned counsel for insurance company was unable to rebut the

same.

7. In view of the order dated 25.08.2025 and the persistent non-

response of respondent No.2-Insurance Company, this Court proceeds to

decide the present review application on the basis of the available record.

8. Upon examination of the record, it emerges that the driver of the

offending vehicle, Inderpal Singh, categorically stated in his testimony that

he possessed a valid driving licence issued by the Licensing Authority,

Mukerian, valid up to 29.03.2006. During cross-examination as well, he